Asikia Karibi-Whyte | University of Lagos (original) (raw)

Papers by Asikia Karibi-Whyte

Decolonisation as a theory focus on challenging the colonial imperialist perspectives on Africa a... more Decolonisation as a theory focus on challenging the colonial imperialist perspectives on Africa and Africans. It seeks to debunk hegemonic discourses on Africa by continually opposing and resisting those notions that cast Africans as primitive and backward.[1] Law permeates all realms of social behaviour; law is also a tool of social engineering. It is also a truism that society needs law to solve the problem of social order by protecting certain human interests.[2] Law in Africa has followed the standard and structure of the colonising powers (English, French, Spanish and Portugese) to the detriment of indigenous laws; though some African countries notably the English Speaking operate Legal Pluralism in order to include customary law. The decolonisation thesis is to jettison all that is colonial in the legal system; this idea may be laudable in principle. However, because Africa is bewildering in size with different cultures, language and political system, how will the curriculum b...

The paper examines issues within feminist or gender research; thus it examines feminist research ... more The paper examines issues within feminist or gender research; thus it examines feminist research methods; the difference that exists between general research methods and feminist research and the challenge (s) of methodology in feminist research.

Journal of Law, Policy and Globalization, 2015

Legal Pluralism in Africa came into being as a result of colonialism, which has impacted all area... more Legal Pluralism in Africa came into being as a result of colonialism, which has impacted all areas of human endeavour. However, the amalgamation of foreign laws with indigenous laws often elicits opportunities for challenges and conflicts in interpretation and enforcement of the laws in many African societies. The paper’s focus is limited to British Africa and with a particular reference to Nigeria; the paper will consider the inherent deficiencies in legal pluralism; and it will examine its ‘success’ in a global village which tries to see law as a unifying tool.

INTRODUCTIONWomen hold a key role in Nigeria's development in the twenty-first century. At th... more INTRODUCTIONWomen hold a key role in Nigeria's development in the twenty-first century. At the heart of this role lies the challenge of increasing their political participation. Fifty-two years since independence, Nigerian women are still at the margins of political participation. Women have yet to respond positively and aggressively toward participation through the ballot box (Akande 1999,106). In the 2011 general elections, there were only two female deputy governors; the combined number of women in the House of Representatives and the Senate is thirty; there are about twenty women in local government positions; and to date there has been one female speaker of the national assembly. Certainly, this is a poor scorecard, and women ought to claim their place in the governance of the country. I must, however, add that in appointive positions, women form a sizable proportion. For example, at the federal level, the number of ministers appointed is heading toward 35 percent, includin...

Journal of Law Policy and Globalization, 2015

The marriage system in Africa is often treated as one form by many writers notably: human rights ... more The marriage system in Africa is often treated as one form by many writers notably: human rights writers, feminist authors and scholars in women and gender studies. In their treatment of African Marriage System, it is often painted in sordid manner which in some respects may be true, but certainly this does not reflect what obtains among all peoples in the continent. It is in this vein, I present Kalabari Marriage System and the rights that accrue to women in it. I should not be understood that it is perfect, without flaws. However, it is a unique system that deviates from the general notion of form of marriage in Africa, while it may share some ingredients with the established marriage pattern such as bride wealth and consent of parents, yet it has its own unique features which makes it distinct. Thus, the article in part 1 examine the historical and cultural background of the Kalabaris; part 2 will state the features of African Marriage System; part 3 will briefly examine the concept of rights and human rights; part 4 will examine Kalabari Marriage System in detail and set out the rights women enjoy in the marriage.

Several Laws treat women as appendages to men; this is more noticeable in family relations. The t... more Several Laws treat women as appendages to men; this is more noticeable in family relations. The tort of Enticement and Harbouring is one such laws that reinforces the subjugation of women in the society. The paper examines the tort from the feminist perspective to elicit those laws that demean women.

International Human Rights Law and ideology are interwoven, for human rights permeate all realms ... more International Human Rights Law and ideology are interwoven, for human rights permeate all realms of social behaviour; in the same vein there is no society without an ideology, because all people are political thinkers, whether they know it or not, and the pervasiveness and social significance of ideology are felt in all walks of life.

Mainstream writings on African women tend to portray African women as confused, powerless and una... more Mainstream writings on African women tend to portray African women as confused, powerless and unable to determine for themselves the changes needed and the means to construct them. While African men were singled out as builders of societies that are male dominated and anti-women, African women are construed as oppressed, wretched and in need of deliverance; in creating this homogenous downtrodden mass, differences of age, class, rank, kinship affiliation, marital status and seniority are ignored. This article is set out to show that this exclusive negativity is misplaced. African women have played active role in the development of theories some of which have not been credited to them; thus, the article will highlight two major contributions of African women which the international community have not acknowledged as African women’s contributions to international human rights.

This paper seeks to explore corruption and corrupt practices from the feminist perspective. the... more This paper seeks to explore corruption and corrupt practices from the feminist perspective. the paper argues that corruption and corrupt practices are inimical to development and social well-being. Most of the studies on corruption devote considerable attention in accounting for the common causes, which are quite diverse, these include great inequality in the distribution of national wealth; reliance on political office as the primary means of gaining access to wealth; the conflict between changing moral codes; the weakness of social and governmental enforcement mechanism; and the absence of a strong sense of national community. The paper will focus on the impact of corruption and corrupt practices on the female folk which form half of humanity in Nigeria. Thus part one, introduces the subject and defines the key terms; part two discusses the nature of corruption and corrupt practices; part three examines the impact of corruption and corrupt practices on women; and part four gives a succinct summary of the arguments.

Ken Saro-Wiwa, an indigene of Ogoni in Rivers-State South-South Nigeria was a writer and environm... more Ken Saro-Wiwa, an indigene of Ogoni in Rivers-State South-South Nigeria was a writer and environmentalist whose activism centred on environmental pollution of the Ogoniland; his arguments were that Shell Petroleum Development Company (SPDC) should clean-up the pollution of the farmland of the Ogonis and also an adequate compensation be paid to the Farmers whose land has been made infertile due to Oil Pollution. At first, both the Federal Government of Nigeria and Rivers-State were not perturbed by the activities of Ken Saro-Wiwa and the Movement for the Survival of the Ogoni People (MOSOP). However, the death of certain citizens of Ogoni perceived to be enemies of the generality of the Ogoni resulted in the Federal Military Government of Nigeria under the leadership of General Sani Abacha to arraign Ken Saro-Wiwa and eight others as those behind the killing of the Ogoni 4. The trial was fraught with irregularities and was widely criticised both locally and internationally. Despite the outcry against the trial and the sentence meted on Ken Saro-Wiwa and eight others, the government of the day went ahead to hang them as handed down by the tribunal. The trial of Ken Saro-Wiwa sparked off a series of protests, but it also became a catalyst for the emergence of a new phase of south-south politics in Nigeria. Thus the paper, in part 1 will examine prior famous trials in Nigeria; in part 2 it will examine Nigeria’s environmental problems prior to activism of Ken Saro-Wiwa and analysis of the trial; part 3 of the paper will examine the issues Ken Saro-Wiwa‘s trial and execution threw up and in part 4, it will discuss the current tread in Nigeria and South-South Politics and a succinct Conclusion follows.

Since the beginning of the nineties, women’s rights advocates in Africa have been part of a globa... more Since the beginning of the nineties, women’s rights advocates in Africa have been part of a global movement for not only the recognition of women’s human rights but the actual enjoyment of such rights which also include reproductive rights. The various roles of African women in seeing to the realisation of reproductive rights are often glossed over when documenting reproductive rights of women. This article seeks to call attention to the contribution of African women in the field of reproductive rights as human rights by examining the perspective (s) of African women to the question of abortion and also to highlight a legal framework in the promotion of reproductive rights in Africa.

The United Nations was set up for the primary purpose of maintaining international peace and secu... more The United Nations was set up for the primary purpose of maintaining international peace and security; its emergence became necessary as a result of the experiences of the world following the atrocities committed during Second World War. The allied powers came together following the failure of the League of Nations in tackling crimes perpetuated during the Second World War. The United Nations in accordance with one of its principles will not interfere in the affairs of a State. However, the emergence of international human rights law has put to test this article especially when States violate human rights of its citizens; thus, the United Nations has found itself being accused of not been proactive in responding to situations that endanger human rights of citizens; it is in this vein that the United Nations has responded in certain situations in the internal conflicts of some states especially when non-interference results in gross violation of human rights and also threatens peace and security.
This paper will therefore chronicle the intervention (s) of the United Nations in stemming internal conflicts. It argues that the role the UN has adopted in managing internal conflicts is in tandem with the purpose of its establishment

The constitution is the grundnorm of the society especially in democratic setting in which every ... more The constitution is the grundnorm of the society especially in democratic setting in which every citizen can hold on to realise their legitimate rights. The constitution provides opportunities for citizens to query the government when it is failing in its obligations to the society. Women are integral members of the society and therefore are entitled to all the rights enunciated in the constitution. However, in Nigeria while the constitution does not have express provisions precluding women from enjoying their rights, yet there are impediments to full constitutional rights enjoyed by women. This article aims to examine the impediments to constitutional rights of women, and also to advocate that the impediments must be addressed in order for Nigeria to attain the desired height it craves for and desires

Initially feminist literature construe African women as oppressed, wretched and in need of delive... more Initially feminist literature construe African women as oppressed, wretched and in need of deliverance, this is because African women fail to meet certain western standards. However, globally as attention is being paid to women, and with the rising voice of African women on the continent beginning with the Aba Women’s riot of 1929 in Nigeria, and the overt participation of African women in the struggle for independence in colonial Africa. African women activities queries the negative perceptions held by certain scholars/historians.
At the global plane in recent times (especially beginning from the 1970s), African women have also been very visible in theory and practice of women’s rights. while there have been gains politically, socially and economically for African women, I argue that women’s human rights in Africa has not reached the crescendo in which African women can celebrate and go to sleep; this is because there are areas in which there are disparity in concepts and outlook in actualising women’s rights and gender equality in Africa. In this article, I intend to chronicle first, the achievements of African women in the field of human rights which has resulted in the gains women now enjoy in most parts of Africa; second, there is also the need to address the unfinished business in the field of women’s rights in Africa which is ideological, and third to propose the blue print for sustenance and improvement of women’s human rights currently enjoyed in most parts of Africa today

The paper chronicles the efforts of Female Legal Academics in curriculum development at the Unive... more The paper chronicles the efforts of Female Legal Academics in curriculum development at the University of Lagos Nigeria

The paper examines the need for a feminist based research in tackling women, poverty and human ri... more The paper examines the need for a feminist based research in tackling women, poverty and human rights.

The examines the complexity of gender in Kalabari religion; it advocates for a gender neutral mod... more The examines the complexity of gender in Kalabari religion; it advocates for a gender neutral mode and structure of worship within Kalabari religion.

Journal of Law, Policy and Globalization, 2015

Journal of Law Policy and Globalization, 2015

Many writers have depicted African men as builders of societies that are male dominated and anti-... more Many writers have depicted African men as builders of societies that are male dominated and anti-women. African women are construed as oppressed and wretched and in need of deliverance from their men in order to live a decent life. In creating this homogenous downtrodden mass, difference of age, class, rank, kinship affiliation, marital status and seniority are ignored.3 The generalisation of African men as builders of society that is anti-women needs to be explored. Are African men anti-women? Are African societies male dominated as portrayed in many literatures. The paper seeks to explore the myths and realities of African masculinity in an age of globalisation; in examining African masculinity, I use the word 'African men' as a generic term covering males in respective of age, class and status because Africa is culturally diverse and bewildering, examples will be taken from West Africa, but with particular focus on some societies in Nigeria, Ghana and Benin Republic. The approach of the paper is socio-legal with the 'asking question' research methodology which seeks to examine how law and other social sciences fail to take account of experiences, perspectives and values that seem typical of African society. By adopting socio-legal research method, I will be relying on historical documents and literature to buttress my arguments.